[Congressional Record Volume 156, Number 165 (Tuesday, December 14, 2010)]
[House]
[Pages H8302-H8304]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LONGLINE CATCHER PROCESSOR SUBSECTOR SINGLE FISHERY COOPERATIVE ACT
Mr. RAHALL. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 1609) to authorize a single fisheries cooperative for the
Bering Sea Aleutian Islands longline catcher processor subsector, and
for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 1609
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Longline Catcher Processor
Subsector Single Fishery Cooperative Act''.
SEC. 2. AUTHORITY TO APPROVE AND IMPLEMENT A SINGLE FISHERY
COOPERATIVE FOR THE LONGLINE CATCHER PROCESSOR
SUBSECTOR IN THE BSAI.
(a) In General.--Upon the request of eligible members of
the longline catcher processor subsector holding at least 80
percent of the licenses issued for that subsector, the
Secretary is authorized to approve a single fishery
cooperative for the longline catcher processor subsector in
the BSAI.
(b) Limitation.--A single fishery cooperative approved
under this section shall include a limitation prohibiting any
eligible member from harvesting a total of more than 20
percent of the Pacific cod available to be harvested in the
longline catcher processor subsector, the violation of which
is subject to the penalties, sanctions, and forfeitures under
section 308 of the Magnuson-Stevens Act (16 U.S.C. 1858),
except that such limitation shall not apply to harvest
amounts from quota assigned explicitly to a CDQ group as part
of a CDQ allocation to an entity established by section
305(i) of the Magnuson-Stevens Act (16 U.S.C. 1855(i)).
(c) Contract Submission and Review.--The longline catcher
processor subsector shall submit to the Secretary--
(1) not later than November 1 of each year, a contract to
implement a single fishery cooperative approved under this
section for the following calendar year; and
(2) not later than 60 days prior to the commencement of
fishing under the single fishery cooperative, any interim
modifications to the contract submitted under paragraph (1).
(d) Department of Justice Review.--Not later than November
1 before the first year of fishing under a single fishery
cooperative approved under this section, the longline catcher
processor sector shall submit to the Secretary a copy of a
letter from a party to the contract under subsection (c)(1)
requesting a business review letter from the Attorney General
and any response to such request.
(e) Implementation.--The Secretary shall implement a single
fishery cooperative approved under this section not later
than 2 years after receiving a request under subsection (a).
(f) Status Quo Fishery.--If the longline catcher processor
subsector does not submit a contract to the Secretary under
subsection (c) then the longline catcher processor subsector
in the BSAI shall operate as a limited access fishery for the
following year subject to the license limitation program in
effect for the longline catcher processor subsector on the
date of enactment of this Act or any subsequent modifications
to the license limitation program recommended by the Council
and approved by the Secretary.
SEC. 3. HARVEST AND PROHIBITED SPECIES ALLOCATIONS TO A
SINGLE FISHERY COOPERATIVE FOR THE LONGLINE
CATCHER PROCESSOR SUBSECTOR IN THE BSAI.
A single fishery cooperative approved under section 2 may,
on an annual basis, collectively--
(1) harvest the total amount of BSAI Pacific cod total
allowable catch, less any amount allocated to the longline
catcher processor subsector non-cooperative limited access
fishery;
(2) utilize the total amount of BSAI Pacific cod prohibited
species catch allocation, less any amount allocated to a
longline catcher processor subsector non-cooperative limited
access fishery; and
(3) harvest any reallocation of Pacific cod to the longline
catcher processor subsector during a fishing year by the
Secretary.
SEC. 4. LONGLINE CATCHER PROCESSOR SUBSECTOR NON-COOPERATIVE
LIMITED ACCESS FISHERY.
(a) In General.--An eligible member that elects not to
participate in a single fishery cooperative approved under
section 2 shall operate in a non-cooperative limited access
fishery subject to the license limitation program in effect
for the longline catcher processor subsector on the date of
enactment of this Act or any subsequent modifications to the
license limitation program recommended by the Council and
approved by the Secretary.
(b) Harvest and Prohibited Species Allocations.--Eligible
members operating in a non-cooperative limited access fishery
under this section may collectively--
(1) harvest the percentage of BSAI Pacific cod total
allowable catch equal to the combined average percentage of
the BSAI Pacific cod harvest allocated to the longline
catcher processor sector and retained by the vessel or
vessels designated on the eligible members license limitation
program license or licenses for 2006, 2007, and 2008,
according to the catch accounting system data used to
establish total catch; and
(2) utilize the percentage of BSAI Pacific cod prohibited
species catch allocation equal to the percentage calculated
under paragraph (1).
SEC. 5. AUTHORITY OF THE NORTH PACIFIC FISHERY MANAGEMENT
COUNCIL.
(a) In General.--Nothing in this Act shall supersede the
authority of the Council to recommend for approval by the
Secretary such conservation and management measures, in
accordance with the Magnuson-Stevens Act (16 U.S.C. 1801 et
seq.) as it considers necessary to ensure that this Act does
not diminish the effectiveness of fishery
[[Page H8303]]
management in the BSAI or the Gulf of Alaska Pacific cod
fishery.
(b) Limitations.--
(1) Notwithstanding the authority provided to the Council
under this section, the Council is prohibited from altering
or otherwise modifying--
(A) the methodology established under section 3 for
allocating the BSAI Pacific cod total allowable catch and
BSAI Pacific cod prohibited species catch allocation to a
single fishery cooperative approved under this Act; or
(B) the methodology established under section 4 of this Act
for allocating the BSAI Pacific cod total allowable catch and
BSAI Pacific cod prohibited species catch allocation to the
non-cooperative limited access fishery.
(2) No sooner than 7 years after approval of a single
fisheries cooperative under section 2 of this Act, the
Council may modify the harvest limitation established under
section 2(b) if such modification does not negatively impact
any eligible member of the longline catcher processor
subsector.
(c) Protections for the Gulf of Alaska Pacific Cod
Fishery.--The Council may recommend for approval by the
Secretary such harvest limitations of Pacific cod by the
longline catcher processor subsector in the Western Gulf of
Alaska and the Central Gulf of Alaska as may be necessary to
protect coastal communities and other Gulf of Alaska
participants from potential competitive advantages provided
to the longline catcher processor subsector by this Act.
SEC. 6. RELATIONSHIP TO THE MAGNUSON-STEVENS ACT.
(a) In General.--Consistent with section 301(a) of the
Magnuson-Stevens Act (16 U.S.C. 1851(a)), a single fishery
cooperative approved under section 2 of this Act is intended
to enhance conservation and sustainable fishery management,
reduce and minimize bycatch, promote social and economic
benefits, and improve the vessel safety of the longline
catcher processor subsector in the BSAI.
(b) Transition Rule.--A single fishery cooperative approved
under section 2 of this Act is deemed to meet the
requirements of section 303A(i) of the Magnuson-Stevens Act
(16 U.S.C. 1853a(i)) as if it had been approved by the
Secretary within 6 months after the date of enactment of the
Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006, unless the Secretary makes a
determination, within 30 days after the date of enactment of
this Act, that application of section 303A(i) of the
Magnuson-Stevens Act to the cooperative approved under
section 2 of this Act would be inconsistent with the purposes
for which section 303A was added to the Magnuson-Stevens Act.
(c) Cost Recovery.--Consistent with section 304(d)(2) of
the Magnuson-Stevens Act (16 U.S.C. 1854(d)(2)), the
Secretary is authorized to recover reasonable costs to
administer a single fishery cooperative approved under
section 2 of this Act.
SEC. 7. COMMUNITY DEVELOPMENT QUOTA PROGRAM.
Nothing in this Act shall affect the western Alaska
community development program established by section 305(i)
of the Magnuson-Stevens Act (16 U.S.C. 1855(i)), including
the allocation of fishery resources in the directed Pacific
cod fishery.
SEC. 8. DEFINITIONS.
In this Act:
(1) BSAI.--The term ``BSAI'' has the meaning given that
term in section 219(a)(2) of the Department of Commerce and
Related Agencies Appropriations Act, 2005 (Public Law 108-
447; 118 Stat. 2886).
(2) BSAI pacific cod total allowable catch.--The term
``BSAI Pacific cod total allowable catch'' means the Pacific
cod total allowable catch for the directed longline catcher
processor subsector in the BSAI as established on an annual
basis by the Council and approved by the Secretary.
(3) BSAI pacific cod prohibited species catch allocation.--
The term ``BSAI Pacific cod prohibited species catch
allocation'' means the prohibited species catch allocation
for the directed longline catcher processor subsector in the
BSAI as established on an annual basis by the Council and
approved by the Secretary.
(4) Council.--The term ``Council'' means the North Pacific
Fishery Management Council established under section
302(a)(1)(G) of the Magnuson-Stevens Act (16 U.S.C.
1852(a)(1)(G)).
(5) Eligible member.--The term ``eligible member'' means a
holder of a license limitation program license, or licenses,
eligible to participate in the longline catcher processor
subsector.
(6) Gulf of alaska.--The term ``Gulf of Alaska'' means that
portion of the Exclusive Economic Zone contained in
Statistical Areas 610, 620, and 630.
(7) Longline catcher processor subsector.--The term
``longline catcher processor subsector'' has the meaning
given that term in section 219(a)(6) of the Department of
Commerce and Related Agencies Appropriations Act, 2005
(Public Law 108-447; 118 Stat. 2886).
(8) Magnuson-stevens act.--The term ``Magnuson-Stevens
Act'' means the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
West Virginia (Mr. Rahall) and the gentleman from Utah (Mr. Chaffetz)
each will control 20 minutes.
The Chair recognizes the gentleman from West Virginia.
General Leave
Mr. RAHALL. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from West Virginia?
There was no objection.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
The pending legislation, the Catcher Processor Subsector Single
Fishery Cooperative Act, was introduced by Senator Cantwell in August
2009. Subsequently, our colleague, Congressman Larsen from the State of
Washington, introduced H.R. 3910 as companion legislation.
``Catch shares'' are a fisheries management tool in which the total
amount of fishing quota is divided among a group of fishermen. This
tool is used to manage several fisheries in waters off of Alaska.
However, one particular fishery in this area, the Pacific cod longline
catcher processors, is not managed using catch shares. S. 1609
authorizes the Secretary of Commerce to approve this fleet as a
cooperative operating a catch share.
I commend our colleague, the gentleman from Washington, Mr. Rick
Larsen, for his diligence. He has discussed this with me on numerous
occasions and with members of our committee, and I commend his
leadership on this legislation. I also recognize the efforts to bring
the bill to the floor by my good friend and colleague from Alaska, Mr.
Don Young. And I would note this measure is fully supported by the
ranking member of our full committee, Doc Hastings of Washington.
Mr. Speaker, I reserve the balance of my time.
Mr. CHAFFETZ. Mr. Speaker, I yield such time as he may consume to my
distinguished colleague from Alaska (Mr. Young).
(Mr. YOUNG of Alaska asked and was given permission to revise and
extend his remarks.)
Mr. YOUNG of Alaska. I thank the gentleman for yielding.
I rise in strong support of H.R. 3910, the companion legislation to
S. 1609. This is a very important bill to the State of Alaska and the
State of Washington.
I would like to compliment my friend, Mr. Larsen, for his work on
this legislation.
I was originally a cosponsor of this. This is a much-needed bill for
the management of fish in Alaska as well as in the State of Washington,
where most of my fishermen do come from.
I would also like to thank Steny Hoyer, the majority leader, for
bringing this bill to the floor and making sure it becomes a reality.
This is a bill that was strongly supported by the whole delegations
from the State of Washington and from the State of Alaska, Senators as
well as House Members. There was no objection to this legislation. It
is an example of how we can work together on an issue that affects both
areas. It is really much sought for by the industry itself. And I want
to compliment everybody that worked on this legislation.
Mr. RAHALL. Mr. Speaker, I yield such time as he may consume to the
gentleman from Washington (Mr. Larsen).
Mr. LARSEN of Washington. Mr. Speaker, I rise today to speak in favor
of S. 1609, the Longline Catcher Processor Subsector Single Fishery
Cooperative Act. This bill, introduced by Senator Cantwell of
Washington, is a Senate companion to H.R. 3910, legislation I
introduced in the House, along with Representative Don Young of Alaska.
This is a bipartisan effort. It has the support of Representatives Doc
Hastings, Dave Reichert and Jay Inslee of Washington State as well.
This bill will further efforts by the North Pacific Fishery
Management Council to rationalize the Pacific cod fishery and end the
``race for fish'' in the Bering Sea and Aleutian Islands. This
legislation represents an important step in achieving the goals of the
Magnuson-Stevens Fishery Conservation and Management Act by enabling
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safer, more environmentally sound fishing practices, while also
providing much-needed economic stability.
The freezer longline sector of the Pacific cod industry currently
operates as a derby-style fishery. Providing the opportunity for
participants to transition from this style of fishing to a cooperative
model is essential to meeting conservation goals and, most importantly,
will significantly improve the safety of life at sea.
In addition, fishery cooperatives provide more economic stability and
predictability. They help prevent the types of severe price swings that
this fishery experienced last year when the price for Pacific cod was
cut in half. This type of instability not only impacts the market and
consumers, but threatens the ability for these mostly family-owned
businesses to continue fishing. The economic stabilization of the fleet
will also allow for new investments in both vessels and equipment and
much-needed jobs for shipyards throughout the Puget Sound region.
S. 1609 has broad support within the freezer longline sector, the
commercial fishing industry, the State of Alaska, the State of
Washington, and the environmental community. So I urge the House to
pass this bipartisan bill, S. 1609.
Mr. CHAFFETZ. Mr. Speaker, we have no objection to this bill. We
believe it should be passed and sent to the President for signature.
Mr. Speaker, I yield back the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield such time as he may consume to the
gentleman from American Samoa (Mr. Faleomavaega).
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Again, I want to thank the distinguished gentleman
from West Virginia, the chairman of our committee, and my good friend
from Utah on the other side of the aisle for their management and
support of this legislation.
Mr. Speaker, I want to associate myself with the statement made
earlier by the chief sponsor of this legislation, my good friend, the
gentleman from Washington. I know a little bit about the industry of
fishing. This is certainly important for the gentleman's district and
the Members who are affected from the great State of Washington.
I urge my colleagues to support this proposed legislation.
Mr. RAHALL. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from West Virginia (Mr. Rahall) that the House suspend the
rules and pass the bill, S. 1609.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________